DOL Wage Level back to Oct 07, 2020 - New LCA needed?

With Court injunction, DOL is likely to get back to previous Wage Level.

My LCA got procured using private wage survey after DOL changed the rules but now DOL has again got back to earlier Wage Levels. H1B extension applied in the last week of November 2020 and Court has stayed DOL, DHS changes on December 04, 2020.

Question is, what will happen to the H1B extension/transfer cases which used private Wage Surveys and filed before Court stay order? Do i need to procure new LCA based on current Wage Level?, USCIS will permit that?

Please advice,


Yes, it is back to before levels.

Nothing will happen. You are free to use the Private Wage Survey, there is nothing wrong in it. If you want to, you can get a new LCA, but it should be fine. Check with your attorney, if there is a real need for new LCA.

Thanks Kumar for your response.

My company HR telling that, we can not retroactively procure new LCA as H1B extension already applied.

If the attorney said, it is fine, then leave it, nothing to worry.

H1B got approved, in just 2 weeks in regular processing…

No premium processing…

I was worried about private wage survey…


1 Like

Cool. Great to hear !